Section 13A-9-110 Definitions. As used in this article, unless the context clearly requires otherwise, the following words and terms shall have the following meanings: (1) HOME REPAIR. a. The repairing, replacing, altering, or the construction or renovation of an addition to a building on real property which is or will be primarily used as a […]
Section 13A-9-111 Elements of the offense. A person commits the offense of home repair fraud when the person intentionally and knowingly does any of the following: (1) Enters into an agreement or contract for consideration, written or oral, with a person for home repair, and the offending person knowingly engages in any one or more […]
Section 13A-9-111.1 Aggravated home repair fraud. (a) This section shall be known and may be cited as the Alabama State of Emergency Consumer Protection Act. (b) A person commits the offense of aggravated home repair fraud when the person knowingly does any of the following: (1) Enters into an agreement or contract for consideration, written […]
Section 13A-9-112 Determination of intent and knowledge. Intent and knowledge of a person alleged to have committed home repair fraud shall be determined by an evaluation of all circumstances surrounding a home repair and the determination shall not be limited to the time of the origination of the contract or agreement. (Act 2006-580, p. 1525, […]
Section 13A-9-113 Substantial performance. Substantial performance of a home repair contract may be used as a mitigating circumstance and may be raised as a defense by a person alleged to have committed home repair fraud. Home repair performed in a manner which is of little or no value, or home repair that fails to materially […]
Section 13A-9-114 Penalties. Except as provided in Section 13A-9-111.1, violations of this article shall be punished as follows: (1) A first conviction shall be a Class A misdemeanor. (2) A second or subsequent conviction shall be a Class C felony. (Act 2006-580, p. 1525, §5; Act 2021-272, §2.)
Section 13A-9-115 Restitution. In addition to any other sentence the court may impose pursuant to Section 13A-9-114, the court shall order the defendant to make restitution to the victim as a condition of probation, either within a specified period of time or in specified installments. The order shall not be enforceable during the period of […]
